Offense
Possess CS while armed with firearm
Aggravated Felony (AF)
Not AF (no federal analogue)
Crime Involving Moral Turpitude (CIMT)
Arguably not a CIMT; see Advice
Other Removal Grounds
Yes, deportable and inadmissible CS offense.
Not a deportable firearms offense, unless one can plead to a non-federal substance. See discussion of the possible advantage of pleading to meth at Advice.
Not a deportable firearms offense.
See Advice.
Advice and Comments
CIMT. Possessing either a CS or a firearm is not a CIMT, so together arguably they are not.
CS. All substances listed in 11370.1 are on federal schedules. Note, however, that in 2023 a federal district court held that meth as defined under California law does not meet the definition of a federal CS. See discussion of U.S. v. Verdugo at 11377, below. Unless Verdugo is overturned, if D cannot avoid pleading to 11370.1 the best option is to designate meth.
Firearm. Comes within antique firearm exception; see PC 29800(a). But it may be a bar to DACA. See PC 25400.